Aug. 28



TEXAS:

Racial bias found in Texas death penalty cases, Harvard Law School study says ---- Harris County was named 1 of 16 'outlier' counties in the US, where 5 or more death sentences were assessed between 2010 and 2015


A Harvard Law School study has found that racial bias, overly aggressive prosecutions and inadequate representation for poor defendants affect death penalty cases in Harris County, Texas. Juries in the county, which includes Houston, have imposed the death penalty more than any other county in the US since its reinstatement in 1976.

The Fair Punishment Project also notes that the number of death sentences handed down in Harris County has fallen to 10 since 2010, from 53 between 1998 and 2003.

Harris County was named 1 of 16 "outlier" counties in the US, where 5 or more death sentences were assessed in between 2010 and 2015. In the 8 counties examined by the study, 41% of the death sentences were given to black defendants and 69% to minorities overall. In Harris County, all defendants condemned since 2004 were from racial minority groups.

"When you look at what the death penalty actually looks like on the ground in Harris County, you see things that should disturb you," Rob Smith, one of the researchers on the project, told the Houston Chronicle.

"There's a pattern of overzealous prosecution that dates back for decades but is still present in the time period for the study, and is matched by under-zealous [defense] representation in cases."

Harris County district attorney Devon Anderson said her office was judicious in its use of the death penalty.

"When we seek death, it's because we have a solid guilt/innocence case and a very strong punishment case," she said. "The death penalty is only appropriate for the worst of the worst."

Anderson said she did not know the race of a defendant or victim whenever she and 4 top staff members met to discuss whether to seek the death penalty.

"I think it's very important that it be 'blind' in that regard," she said.

Juries across the country are proving to be increasingly reluctant to sentence defendants to death, the Harvard report said, choosing instead the option of life imprisonment without parole.

The last Harris County trial in which prosecutors sought the death penalty ended in November: 28-year-old Johnathan Sanchez was given life without parole. The last Harris County jury to assess a death sentence did so in 2014, when Harlem Lewis was sent to death row for the killings of Bellaire police officer Jimmie Norman and "good samaritan" Terry Taylor.

The Harris County district attorney's office is currently seeking the death penalty in 2 cases. Ronald Haskell, who is white, is accused of killing 2 adults and 4 children from his ex-wife's family in spring 2014. David Ray Conley, who is black, is accused of killing his ex-girlfriend, her husband and 6 children, including his son, last year.

(source: The Guardian)

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Study: Harris County death penalty cases plagued by bias


A Harvard Law School study reports that racial bias, over-aggressive prosecutions and poor representation for indigent defendants plagues the handling of death-penalty cases in the Southeast Texas county where Houston is situated.

The report by the school's Fair Punishment Project names Harris County as one of 16 "outlier" U.S. counties where 5 or more death sentences were assessed in 2010-15.

Harris County juries have imposed death penalties on more defendants than in any other county since the 1976 reinstatement of the death penalty. The number of death sentences has fallen from 53 in 1998 through 2003 to 10 since 2010. However, all condemned since 2004 are from minorities.

Harris County District Attorney Devon Anderson told the Houston Chronicle (http://bit.ly/2brIHX6) her office is judicious in its use of the death penalty.

(source: Associated Press)






PENNSYLVANIA:

Death Penalty Sought in Cookout Ambush That Killed 5, Unborn Child


Prosecutors in Pennsylvania say they plan to seek the death penalty against 2 men charged in an ambush at a cookout that killed 5 adults and an unborn child.

The Allegheny County district attorneys' office filed notice Friday that it would seek capital punishment if Cheron Shelton, 29, and Robert Thomas, 27, are convicted of 1st-degree murder.

Prosecutors said the death penalty would be warranted because of the defendants' previous convictions, the multiple felonies alleged and the grave risk posed to others.

Defense attorneys say the men are innocent. Shelton's lawyer, Randall McKinney, called the decision to seek capital punishment "disheartening," but said it didn't shake his belief that his client's name will be cleared at trial.

The men are each charged with 6 counts of criminal homicide in the March 9 cookout in Wilkinsburg, a suburb of Pittsburgh. Prosecutors suspect a man wounded at the cookout had killed Shelton's best friend in 2013, and they are looking for that man.

Prosecutors allege Thomas fired 18 shots from a .40-caliber pistol into a group of about 15 partygoers, prompting them to run toward a rear porch where authorities say Shelton was hiding behind a fence. Prosecutors allege Shelton peppered the fleeing crowd from 5-feet away with 30 shots from a rifle similar to an AK-47.

Brittany Powell, 27, who was renting the home, was killed as were her siblings Chanetta Powell, 25, and Jerry Shelton, 35. The county medical examiner ruled Chanetta Powell's unborn son died because of her death. The siblings' cousin, Tina Shelton, 37, and their friend, Shada Mahone, 26, also died in the attack.

The 2 men also face charges of criminal conspiracy, aggravated assault and reckless endangerment. Authorities say bullets pierced the walls of the residence, wounding 3 other people. 3 children were in the house at the time but unharmed.

(source: Associated Press)






GEORGIA:

30 years later, attorneys still argue over Stocking Stranglings -- Journalist and author Billy Winn, the former editorial page editor at The Ledger-Enquirer, shares his thoughts on Carlton Gary and the "Stocking Stanglings."


30 years after a jury convicted and sentenced Carlton Gary to death in 3 of Columbus' 7 heinous "Stocking Stranglings" of 1977-78, attorneys still argue over evidence in the case.

The latest piece in contention is a sketch artist's rendering from a rape survivor who was under hypnosis as she described the man who attacked her.

Today, as Gary seeks a new trial or sentencing in the gruesome rapes and stranglings that terrorized the city from September 1977 to April 1978, that sketch is swept up in an intense battle over which elements of a massive case file should be subject to further review.

As so often has happened before in the saga of a career criminal who grew up in Columbus before prowling other places to steal, rob, rape and kill, just when the end appears near, the tale takes another turn.

Late last year the defense and prosecution filed what they thought would be their final arguments on Gary's motion for a new trial: The prosecution filed Nov. 6; the defense Dec. 11. All that was left was to wait for Superior Court Judge Frank Jordan Jr. to issue a ruling.

Then the briefcase turned up.

The briefcase belonged to Don Miller, a sheriff's investigator who died in 1983, a year before authorities finally tracked Gary down. Miller's son-in-law, Doug Grubbs, found it in the attic, saw Stocking Strangler files in it, and turned it over to the sheriff's office Jan. 11. Attorneys inspected it Feb. 3.

What ensued was a heated exchange over whether Gary's defense had ever seen the files. By August, both sides agreed that it had - 20 years ago, during Gary's early appeals in the 1990s.

Gary's lead defense lawyer, Atlanta attorney John Martin, finally decided just 1 document from the briefcase should be added to the evidence Jordan is to consider: the sketch.

Prelude to terror

On Sept. 11, 1977, a friend coming to take 64-year-old Gertrude Miller to church found the home daycare owner had been brutally beaten with a board and raped in her 2703 Hood St. home. The assailant, who climbed in through her bedroom window, had left behind 3 stockings he took from her dresser and knotted.

Authorities later decided Miller was the 1st victim of the "Stocking Strangler," so called because he so often used stockings to strangle women to death. The ritual serial killer also left his victims' bodies covered.

He proved to be an ingenious burglar, who patiently took doors off their hinges and once disassembled a deadbolt lock improperly installed. In one break-in he removed burglar bars from a window and set them aside.

In the wake of Miller's assault, police soon saw the horrors to come as 4 women ages 59 through 89 brutally were beaten, raped and strangled from Sept. 16 through Oct. 25, 1977, with more to follow.

Desperately seeking a suspect, detectives on Oct. 29, 1977, brought a hypnotist to see Gertrude Miller, who under his spell described the intruder she saw when he turned on a bedroom lamp.

Detectives took the sketch, dated Oct. 31, 1977, and filed it away. Though Gary's defense attorney questioned Miller about it at the 1986 trial, when she identified Gary as her assailant, the sketch was never shown to the jury. It faded into the voluminous data that now constitutes the Stocking Strangler case file - until the briefcase turned up.

Now Martin wants it in evidence for Gary's new trial motion. "This suspect looks nothing like the defendant," he wrote Aug. 9. He has asked Jordan to hold a hearing on it.

"Everything's on hold until the judge rules on this composite," Martin said last week.

Should Jordan hold a hearing on the sketch, it further may delay an aging criminal case so often extended before.

District Attorney Julia Slater argued that the depiction is irrelevant. Miller herself said it didn't look like the man who raped her, and even if the sketch wasn't displayed during Gary's trial, the defense knew it existed and questioned her about it on cross-examination.

Besides that, Gary wasn't convicted of assaulting Miller, Slater noted. Like other attacks on older women in which Gary was implicated but not charged - including 4 of the 7 stranglings - the Miller case was used at his trial as a "similar transaction," evidence of Gary's pattern of criminal conduct.

Martin has countered that because then-District Attorney Bill Smith maintained in 1986 that Gary alone committed all of the assaults and stranglings, any evidence clearing him in one case casts doubt on the others.

Casting doubt on Gary's guilt has become a crusade for his supporters and others opposed to the death penalty.

Last chance

Today Gary is 65 years old, no longer the sleek, fashionable defendant who went on trial back in the 20th century. He remains on death row in the Georgia Diagnostic and Classification Prison in Jackson, waiting to see if Martin's last-ditch effort can gain him another chance.

"My sense is that this is Carlton's last chance," said British writer David Rose, author of the 2007 book "The Big Eddy Club," which championed Gary as the victim of a racist judicial system that withheld exculpatory evidence to ensure his conviction.

Rose signed on as an investigator for Gary's defense team to research the book and today maintains contact with those involved.

"My views on the case have never changed," he said during a recent telephone interview.

Asked about Gary's well-being, Rose said: "He's not doing too good physically, and not very happy." An attempted escape at the prison about 10 years ago prompted administrators to clamp down on the time inmates get outside their cells, he said.

Rose said Martin's December motion is Gary's best shot at escaping lethal injection, a fate he already dodged once before.

"It's one of the strongest legal motions I've ever seen," the author said.

And the sketch would only bolster it, said Martin: "I thought we had a compelling case already. This was just gravy."

Dodging the needle

The last time Gary narrowly escaped death was Dec. 16, 2009, when the Georgia Supreme Court issued a last-minute stay of his execution, sending the case back to Muscogee Superior Court to consider DNA-testing suitable evidence.

After reviewing the evidence, prosecutors and defense attorneys on Feb. 19, 2010, agreed to test 4 items from 3 of the 7 stranglings for DNA. The hope was that this would settle Gary's guilt or innocence once and for all.

Instead it caused more confusion:

On Dec. 14, 2010, attorneys said the initial DNA test results matched Gary to the Sept. 24, 1977, rape and strangling of Jean Dimenstein, but not the Oct. 25, 1977, murder of Martha Thurmond. The defense then sought testing on clothes police collected from Gertrude Miller the morning after she was raped and beaten.

On March 6, 2012, attorneys said tests of the Miller evidence yielded a DNA profile that did not match Gary.

On Nov. 21, 2013, Slater announced the Thurmond DNA test was tainted at the state crime lab and thus invalid. The flawed test used up the crime scene sample police had collected.

The defense was aghast: The Thurmond evidence had been the most promising, more likely than any of the rest to yield a clean DNA profile.

The error had a secondary effect: If the GBI fouled the Thurmond evidence, who could say the Dimenstein test was accurate? Perhaps it also was tainted.

The forensic evidence has become a muddle that fogs the pattern of Gary's life of crime, much of which Smith laid out during the 1986 trial.

30 years ago, the evidence against Gary was not as much forensic as circumstantial: matters of place and time that if coincidental, were remarkably so:

Wherever Gary went, older women were raped and strangled.

The timeline

Born Sept. 24, 1950, in Columbus, Gary at age 16 moved with his mother to Fort Myers and later Gainesville, Fla., before heading to New York, where the trail of assaults attributed to him began:

-- On April 14, 1970, Nellie Farmer, 85, was found raped and strangled and her body left covered in her home in the Wellington Hotel in Albany, N.Y. Police found Gary's fingerprint at the scene. Gary claimed another man killed Farmer and was convicted only of robbery. He was released from prison March 31, 1975, and moved to Syracuse, NY.

-- On June 27, 1975, Marion Fisher, 40, was found raped and strangled on a road just outside Syracuse. Investigators in 2007 said they matched Gary's DNA to the cold-case evidence. Unknown to local authorities at the time of Gary's 1986 trial, this is not in evidence here.

-- On Jan. 2, 1977, Jean Frost, 55, was raped and nearly choked to death in her home in Syracuse. Gary had a watch taken from Frost's home when police arrested him 2 days later. Again he blamed another man for the assault. He was charged with perjury, assault and possessing stolen property. He escaped from prison Aug. 23, 1977, and came home to Columbus to live at 1027 Fisk Ave.

-- On Sept. 11, 1977, Gertrude Miller was raped and beaten. Gary lived about 2 blocks away.

-- On Sept. 16, 1977, Mary Willis "Fern" Jackson, 59, of 2505 17th St., was found brutally beaten, raped and strangled with a stocking and sash. Her body was left covered. Her stolen car was later found on Benner Avenue near Fisk Avenue.

-- On Sept. 24, 1977, Jean Dimenstein, 71, was found raped and strangled with a stocking in her home that then had the address 3027 21st St. (the street has since been renamed). Her body was left covered with sheets and a pillow.

-- On Oct. 21, 1977, Florence Scheible, 89, was found raped and strangled with a stocking in her 1941 Dimon St. home, which today has a different address. Her body was left covered. Gary's right thumbprint was found on a door frame leading into Scheible's bedroom.

-- On Oct. 25, 1977, Martha Thurmond, 70, was found raped and strangled with a stocking in her 2614 Marion St. home. Her body was covered by a pillow, blankets and sheets. Gary's fingerprint was found on the frame of a rear bedroom window.

-- On Dec. 28, 1977, Kathleen Woodruff, 74, was found raped and strangled in her 1811 Buena Vista Road home, which later was demolished during an Aflac expansion. Gary's fingerprint was found on the aluminum window screen where the intruder entered, and his palm print on the windowsill inside.

-- On Feb. 11, 1978, Ruth Schwob, 74, of 1800 Carter Ave., was nearly strangled to death by an intruder she fought off, pressing a panic alarm by her bed. Police found her sitting on the edge of her bed, gasping, a stocking wrapped around her neck.

-- On Feb. 12, 1978, Mildred Borom, 78, 1612 Forest Ave., about 2 blocks from Schwob's home, was found raped and strangled with a cord cut from window blinds. Her body was covered with a dress.

-- On April 20, 1978, Janet Cofer, 61, of 3783 Steam Mill Road, was found raped and strangled with a stocking. A pillow covered her face.

After that, the stranglings abruptly ended. Police said Gary switched to robbing restaurants and moved to Greenville, S.C., where that fall he earned the nickname "Steakhouse Bandit." He went to jail for armed robbery Feb. 22, 1979.

He escaped March 15, 1984, and returned to Georgia, where authorities arrested him in Albany the following May 3.

On Aug. 26, 1986, a jury found him guilty of killing Scheible, Thurmond and Woodruff. The next day jurors sentenced him to death.

What happens next?

Investigators collected some evidence that doesn't fit Gary, his defense team argues. A shoeprint at the Farmer crime scene was too small for Gary's size 13 1/2 feet. So was a shoeprint on the air-conditioning unit the intruder stood upon to climb into Schwob's window.

Blood evidence prosecutors used to tie Gary to the murders actually excluded him as the strangler, his attorneys said. And though police claimed to have found his fingerprints, they did not photograph those prints to pinpoint their location, and they had no objective standard for establishing a match.

A mold made from a bite mark found on Cofer's breast doesn't match Gary's teeth, the defense said. Though Gary had dental work in prison, the work was on his upper teeth, not his lower. The mold shows the killer had a lower, rotated tooth Gary doesn't have.

The bite-mark mold wasn't shown to the jury during Gary's trial. It turned up in 2005, bolstering defense claims that prosecutors withheld crucial evidence back in 1986.

District Attorney Julia Slater declined to be interviewed for this story, but she offered a written statement:

"The state remains confident in the validity of the convictions and sentences returned by the jury against Carlton Gary in 1986. Post-conviction DNA results have established that Carlton Gary's DNA was found in the vaginal washing of Jean Dimenstein and no new evidence has been discovered that would raise any doubt about the jury's decision. The case has been back with the Superior Court of Muscogee County for 6 1/2 years and the extraordinary motion for new trial has been pending for four years. The state will continue to work tirelessly to ensure that the jury's verdict is upheld and the sentence carried out."

Asked whether he ever expected Gary's appeals to go on this long, his defense attorney said: "I always thought this case would go on forever."

Regardless of Jordan's ruling on the new trial motion, it will be appealed to the Georgia Supreme Court. The end is not in sight.

Billy Winn, a former Ledger-Enquirer editorial-page editor who covered Gary's trial and spent 10 years researching the case, is among those who believe Gary is guilty.

"He probably killed more often than we know," Winn said last week. But he's not surprised Gary has persuaded others he's innocent. "Nothing in this case surprises me anymore," he said.

"What he was, was a polished con man," Winn said. "He could confound anybody. If he hadn't been a killer, he could have been the greatest salesman on earth."

Though Winn found David Rose's book outrageous and infuriating, the 2 writers have something in common: Neither believes in the death penalty.

What should happen?

Said Winn: "I would just like to see Carlton go away, by however that may be."

(source: Ledger-Enquirer)






MISSISSIPPI:

Man charged with capital murder in Miss. nun slayings


A Kosciusko, Miss. man has been charged with 2 counts of capital murder in the deaths of 2 nuns in Holmes County.

Authorities said late Friday night that Rodney Earl Sanders, 46, was developed as a suspect after "an exhaustive interview Friday evening."

Sanders is charged in the deaths of Sister Paula Merrill, a nurse practitioner with the Sisters of Charity of Nazareth in Kentucky, and Sister Margaret Held, a nurse practitioner with the School Sisters of St. Francis in Milwaukee. They were found dead Thursday in their home on Castalian Springs Road in Durant, a town of roughly 2,600.

The two women were stabbed, coroner Dexter Howard said, but a cause of death won't be determined until the autopsies are complete.

Howard called the crime scene "one of the worst" he's ever seen.

During the course of the interview, agents with the Mississippi Bureau of Investigation obtained enough information to charge Sanders.

MBI Director Lt. Col. Jimmy Jordan said Sanders was a person of interest early in the investigation. Authorities have not released information on how he was implicated or what his connection to Merrill and Held might have been.

"With the cooperation of the Durant and Kosciusko police departments, Holmes County Sheriff's Department and the (state) Attorney General Office this heinous crime has been resolved," read a statement from Jordan.

Sanders is being held in an undisclosed detention center awaiting his initial court appearance.

MBI Spokesman Warren Strain said further details won't be released yet because there is still evidence being processed by the crime lab.

"Right now there's really still a long way to go," Strain said. "We're holding off on saying anything else tonight. We just wanted everyone to know that he's off the street."

(source: Clarion-Ledger)

*************************

Executions warranted for some crimes


I've lost count along the way of the number of executions I have witnessed over the years here in Mississippi.

I think the number is 8 to 10 executions, where I actually stood inside a small room looking through a large window as a death row inmate was put to death. I covered other executions at Parchman where I didn't witness the execution, but was there writing about them.

I remember going to the state Penitentiary at Parchman in 1983 for the execution of Jimmy Lee Gray, who was put to death in the gas chamber. I didn't actual witness Gray's execution, but I was part of the team that went up there to cover the execution.

Gray was the 1st Mississippi death row inmate executed in 19 years when he was put to death for the rape and murder of a 3-year-old Pascagoula girl. In those days, executions were carried out after midnight.

After Gray's execution, Mississippi conducted 3 other gas chamber executions in the 1980s.

There were no executions in the 1990s. The next execution was in 2002 when Tracy Alan Hansen became the 1st inmate to die by lethal injection in Mississippi. They became a lot more regular starting with Hansen's execution.

However, there hasn't been an execution in the state in several years now. I thought about my experiences with executions last week when Dean Parker and his brother Scott Parker came to the state Capitol to register their displeasure with the possibility of 1 of the 2 men sentenced to death for the 1990 killing of their father Carl Parker, his wife, Bobbie Jo, the couple's 12-year-old son and 9-year-old daughter.

The Quitman County family was killed in their home after returning from church to find 2 men burglarizing their home.

The girl was raped. Her father's finger was chopped off to steal his wedding ring. After shooting the victims, the killers set the house on fire, leaving the bodies to burn.

Now, 26 years later, the 2 men sentenced to death for the gruesome crime - Anthony Carr and Robert Simon Jr. - are still alive and 1 could possibly get off death row. .

Earlier this month, the Mississippi Supreme Court reversed a lower court's decision that Carr is not mentally disabled and can be executed. The state high court sent the case back to the lower court.

An attorney for Carr in May had appealed to the state high court based on 2002 U.S. Supreme Court Ruling that states cannot execute mentally disabled people. During Carr's appeal in 2013, 2 psychologists disagreed about whether Carr was competent, and a Quitman County circuit judge said it was "too close to call" and upheld his execution.

Tears streamed down the face of Scott Parker at the state Capitol when he talked about how it made him feel that Carr could possibly get off death row.

I could feel Scott Parker's pain. Once in my life, I was firmly opposed to the death penalty, but over the years, I have modified my views or my views have been modified because of the nature of some crimes. I now believe the death penalty is appropriate in some cases.

What is hard to take in the Quitman County case is that 26 years after the horrific crime, the family members of the victims don't have the justice they seek.

(source: Jimmie E. Gates, Clarion-Ledger)






TENNESSEE:

The conservative case against the death penalty


Though support for the death penalty is at a 40-year low, a slim majority still supports the practice. However, a growing number of conservatives are recognizing that the death penalty is a government program that doesn't work and contradicts the pillars of the Republican Party: limited government, fiscal responsibility, and pro-life policies. These same guiding principles are moving conservatives to support alternatives.

I recognize the emotional appeal of the death penalty: Evil demands a strong response, and murder should be followed with swift and sure justice. Unfortunately, the death penalty system is never swift in executing death warrants, but is always costly and occasionally misguided. For these reasons, conservative legislators around the country are seeking to replace the death penalty with life without parole. For a number of these lawmakers, their growing opposition to the death penalty is not based on moral qualms with executions but is rooted in their belief that the death penalty system is a bloated, broken government program that does not make citizens safer or provide legal finality to victims.

If, as conservatives, we believe the government is often inept in running programs, how can we have confidence that this same government can rightly decide who lives and who dies?

Recognizing the error-prone nature of government has led many leaders to seek tough on crime sentences that do not have the same irreversible consequences. With a conservative majority, Nebraska repealed its death penalty last year. Utah came just a few votes short of repealing the death penalty this year. And Montana's House of Representatives also carried a bipartisan bill to repeal the death penalty that came 1 vote short in 2015. In 2016, 6 states considered repeal bills sponsored by Republicans.

Tennessee conservatives also recognize the problems, particularly the risk of executing the innocent. During the 2016 legislative session, East Tennessean Ray Krone testified in front of the House Criminal Justice and Senate Judiciary committees about this risk. Krone spent 10 years in prison (3 on death row) in Arizona before DNA evidence exonerated him and identified the real perpetrator. Krone reminded committee members that no matter how many safeguards are created, we can never ensure that our state will not execute an innocent person, especially since DNA evidence is only available in roughly 10 % of homicide cases.

Still, while innocence is a concern, we know horrible crimes happen, and victims and their family members should receive justice. But tough-on-crime policies should also be smart on crime - policies that make us safer, provide legal finality and save taxpayer dollars. Not one of these goals is accomplished by the death penalty system.

State cost studies, including North Carolina and Maryland, show the cost per execution to be at least $2 million more than life without parole. Similarly, a 2004 Tennessee report concluded that capital murder trials alone cost 48 % more than trials that seek life without parole. With this high cost, we still fail to see outcomes, with only 6 executions in Tennessee since 1960.

At its peak, the Riverbend Maximum Security Institution in Nashville held 150 death row inmates; today, there are only 57. A number of death row inmates have had their sentences overturned, and at least four were wrongfully convicted and released. The leading cause of death on Tennessee's death row is not pentobarbital or the electric chair, but natural causes, with the average of 28 years spent on death row before execution, if the execution ever occurs.

The death penalty system creates a dilemma - how to bring swift and sure justice to victims' families while also ensuring an innocent person is not executed, and to do so in a cost-effective way. With such a flawed system, striking this balance is not possible, and based on our principles, Tennessee conservatives should call for our state to move away from the death penalty.

(source: Opinion; Amy Lawrence, a Tennessee conservative who has worked on numerous Republican campaigns, is the coordinator for Tennessee Conservatives Concerned About the Death Penalty (www.tnconservativesconcerned.org) ----Knoxville News Sentinel)


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